Housing And Civil Enforcement Cases Documents

UNITED STATES OF AMERICA,
Plaintiff,

C 01-00324 SI

HILLTOWNE APARTMENTS;
LARRY POLICK;
BSR REALTY, INC.;
TIM A. SHARROCK; and
JOSEPH PERRY,
Defendants.

______________________________

CONSENT ORDER

On January 19, 2001, the United States commenced this action on behalf of Brian M. Crump and Jeanette D. Crump, and their minor children Brian M. Crump Jr. and Brandie R. Crump; and Gean Toms, and her minor children Rayvon A. Toms (now an adult) and Bruce Hayes Jr. (collectively &"the Complainants&"), pursuant to Section 812(o) of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, 42 U.S.C. § 3612(o). At all times relevant to the events at issue in the Complaint:

Defendant Hilltowne Apartments was the owner of the subject property, a 52-unit apartment complex located at 1220, 1238, and 1252 Walpert Street in Hayward, California;
Defendant Larry Polick was the general partner of Defendant Hilltowne Apartments;
Defendant BSR Realty, Inc., was the property management company for the subject property;
Defendant Tim A. Sharrock was the property manager for the subject property; and
Defendant Joseph Perry was an on-site manager of the subject property.

The United States' Complaint alleges that the Defendants discriminated against the Complainants by discriminating in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with the rental of a dwelling, because of race, color, and familial status, in violation of 42 U.S.C. § 3604(b); and by making, printing, or publishing notices or statements with respect to the rental of a dwelling that indicated a preference, limitation or discrimination based on familial status, in violation of 42 U.S.C. § 3604(c). In addition, the Complaint alleges that the Defendants discriminated against Complainants Brian M. Crump, Jeanette D. Crump, Brian M. Crump Jr., and Brandie R. Crump by coercing, intimidating, threatening, or interfering with their exercise and enjoyment of their fair housing rights, in violation of 42 U.S.C. § 3617. The Defendants deny these claims.

The parties agree that the controversy should be resolved without further litigation. Therefore, without a trial or adjudication on the merits, and without admission of liability by the Defendants, the parties have consented to the entry of this Order, as indicated by the signatures appearing below.

After reviewing the terms of this Order, the Court concludes that the entry of this Order comports with the Fair Housing Act and federal law.

Accordingly, it is ORDERED, ADJUDGED, and DECREED that:

PROHIBITION OF DISCRIMINATION

Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock, their employees and agents, and all those acting in concert or participation with them are hereby enjoined from:

Discriminating against any person because of race, color, or familial status in the terms, conditions, or privileges of renting a dwelling unit, or in the provision of services or facilities in connection with the rental of a dwelling unit;
Making, printing, publishing, or causing to be made, printed, or published any notice, statement, or advertisement with respect to the rental of a dwelling unit that states any preference, limitation, or discrimination on the basis of familial status;
Coercing, intimidating, threatening, or interfering with any person because of his or her exercise or enjoyment of his or her rights under the Fair Housing Act, or his or her aid or encouragement to any other person exercising such rights; and
Engaging in any other discriminatory housing practices prohibited by 42 U.S.C. §§ 3601-3619.

OTHER INJUNCTIVE RELIEF⁽¹⁾

ADOPTION AND IMPLEMENTATION OF NON-DISCRIMINATORY POLICIES
1. Defendant BSR Realty, Inc., has adopted, and shall implement in all residential properties it owns or manages, the non-discrimination policy set forth at Attachment A.
2. Within thirty (30) days of the entry of this Order, Defendant BSR Realty, Inc., shall:
  1. Furnish to all employees or agents with responsibility for, or who participate in, showing, renting, or managing dwelling units at any residential property owned or managed by Defendant BSR Realty, Inc., a copy of this Order and a copy of the non-discrimination policy set forth at Attachment A;
  2. Secure from each such employee or agent the signed certificate set forth at Attachment B;
  3. Distribute to each tenant at, and every applicant for tenancy at, any properties owned or managed by Defendant BSR Realty, Inc., a copy of the non-discrimination policy set forth at Attachment A and a copy of the HUD pamphlet entitled &"Are you a victim of housing discrimination?&" (HUD official form 903.1)⁽²⁾;
  4. Post, in each residential property owned or managed by Defendant BSR Realty, Inc., an official HUD &"Equal Housing Opportunity" poster (HUD form 928) by or in the manager's office or in a prominent location where it may be seen by tenants and prospective tenants; and
  5. Include the Fair Housing logo and the statement &"Equal Opportunity / Fair Housing Provider&" in all advertisements for dwellings, and comply with the Fair Housing Act advertising guidelines that appear at 24 C.F.R. § 109 (1995 edition), set forth as Attachment C to this Order.
3. During the period in which this Order is in effect, Defendant BSR Realty, Inc., shall ensure that each new employee or agent with responsibilities relating to the rental or sale of dwelling units shall, within thirty (30) days of the entry of this Order, or ten (10) days of commencing an employment or agency relationship with Defendant BSR Realty, Inc., whichever is later, receive a copy of this Order and the non-discrimination policy appearing at Attachment A, and sign the statement appearing at Attachment B indicating that he or she has received and understood these documents.
TRAINING
Within ninety (90) days after the entry of this Order, any and all agents or employees of Defendant BSR Realty, Inc., with responsibility for, or who participate in, showing, renting, or managing dwelling units at any residential property owned or managed by that Defendant, shall complete an educational program on their obligations under the federal Fair Housing Act and applicable state and local non-discrimination laws. This training shall be conducted by ECHO Housing Assistance Center. Defendants shall bear all expenses associated with this training. Defendant BSR Realty, Inc., shall obtain a statement from ECHO certifying the attendance of each person who completes such training.
DEFENDANTS NO LONGER IN THE RESIDENTIAL RENTAL OR SALES BUSINESS
Defendants Hilltowne Apartments, Larry Polick, and Tim A. Sharrock have represented that they are no longer in the business of owning, managing or operating residential properties for sale or rental. If, during the period in which this Order is in effect, any of these Defendants re-enter the residential rental or sales business, that Defendant shall notify the United States within thirty (30) days of re-entry, and shall become subject to the provisions outlined in Sections II.A and II.B above.

REPORTING AND MONITORING REQUIREMENTS

Within thirty (30) days after the entry of this Order, Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock shall deliver to counsel for the United States an initial report of all residential rental properties owned, managed, or operated by those Defendants. Such report shall include for each property: the property's name, the property's address, and the number of units in the property.
Within one hundred (100) days after the entry of this Order, Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock shall deliver to counsel for the United States the certified list of all employees or agents who have completed the educational program described in Section II.B.
Each year for three (3) years after the entry of this Order, on or before the anniversary of the entry of this order, Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock shall deliver to counsel for the United States an updated version of the list described in Section III.A above; and a copy of each statement signed by new employees or agents, as set forth at Attachment B and described in Section II.A.3 above.
Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock shall advise counsel for the United States in writing within thirty (30) days of receipt of any complaint against such Defendants, or against any of the Defendants' employees, rental agents, or residential rental properties, regarding fair housing. This notification shall include full details of the complaint and any action taken by the Defendants in response to the complaint, and shall be accompanied by all pertinent documents.
Upon reasonable notice, Defendants Hilltowne Apartments, Larry Polick, BSR Realty, Inc., and Tim A. Sharrock shall allow the United States to have access to any records of residential rental properties owned, operated, or managed by the Defendants in order to monitor the Defendants' compliance with this Consent Order. The United States shall endeavor to minimize any inconvenience to the Defendants resulting from inspection of such records.

MONETARY RELIEF

Within thirty (30) days following the entry of this Order, Defendants shall pay a total of seventeen thousand five hundred dollars ($17,500.00) to the Complainants in consideration for the full and final settlement of this claim as payment for damages pursuant to 42 U.S.C. § 3612(o)(3). Defendants shall make this payment through the following monetary disbursements, by certified check:
1. Three thousand dollars ($3,000.00) payable to &"Brian M. Crump&"
2. Three thousand dollars ($3,000.00) payable to &"Jeanette D. Crump&"
3. Three thousand dollars ($3,000.00) payable to &"Brian M. Crump, Jr.&"
4. Three thousand dollars ($3,000.00) payable to &"Brandie R. Crump&&"
5. One thousand eight hundred thirty-four dollars ($1,834.00) payable to &"Gean Toms&&&uot;
6. One thousand eight hundred thirty-three dollars ($1,833.00) payable to &"Rayvon A. Toms&" and
7. One thousand eight hundred thirty-three dollars ($1,833.00) payable to &"Bruce Hayes Jr.&"
Defendants shall send such payments by certified check to the United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, Chief, DJ 175-11-313, P.O. Box 65998, Washington, DC 20035-5998.
Brian M. Crump and Jeanette D. Crump, on behalf of themselves and their minor children Brian M. Crump Jr. and Brandie R. Crump, shall execute a release, attached to this Order as Attachment D, prior to receiving compensation under this Order.
Gean Toms, on behalf of herself and her minor child Bruce Hayes Jr., shall execute a release, attached to this Order as Attachment E, prior to receiving compensation under this Order.
Rayvon A. Toms shall execute a release, attached to this Order as Attachment F, prior to receiving compensation under this Order.
Upon receipt of both the monies described in Section IV.A above and the releases described in Sections IV.B-D above, the United States shall forward the monies to the Complainants to whom they are due, and shall forward the releases to counsel for Defendants.
After examination of the settlement amounts designated for the Complainants who are minor children (Brian M. Crump Jr., Brandie R. Crump, and Bruce Hayes Jr.) and the affidavits made by the parents on behalf of such minors that such amounts shall be used solely for the care, support and education of the minors, the Court finds that the interests of the minors have been taken into account and that with respect to those minors, the settlement amounts are fair and equitable and fully release the Defendants. This Court further orders that this settlement and said release(s) are final and binding on all three (3) minor Complainants and that they are forever barred from challenging this settlement in this or any other forum.

DISMISSAL AND ENFORCEMENT

This action is dismissed with prejudice, except that the United States may move at any time to reopen the case for the purpose of enforcing this Order. This Order shall remain in effect for three (3) years, except that the United States may move to extend the term of the Order for good cause.
The Court shall retain jurisdiction of this action for purposes of enforcing this Order.
Except where explicitly limited, the provisions of this Order shall apply to the Defendants, their employees and agents, anyone acting under their direction, and all those acting in concert or participation with any of them.
The provisions of this Order, except Section IV, which provides for monetary relief, shall apply to all residential rental properties that are owned, operated, and/or managed in whole or in part by any or all Defendants.
The parties may mutually agree to extend the time periods set out in this Order for any required action.
The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event that any Defendant either fails to perform in a timely manner any act required by this Order or acts in violation of any provision of this Order, the United States may move the Court to impose any remedy authorized by law or equity, including, but not limited to an order requiring performance or non-performance of certain acts and an award of any damages, costs, and attorney's fees that may have been occasioned by that Defendant's non-action or actions.
The claims brought by the United States against Defendant Joseph Perry are hereby dismissed with prejudice.⁽³⁾

ORDERED this ___ day of _______, 2001.

_____________________
SUSAN ILLSTON
United States District Judge

Approved:

For the Defendants	For the United States
LARRY POLICK For Defendant Hilltowne Apartments 20980 Redwood Road Suite 260 Castro Valley, CA 94546	RALPH F. BOYD, JR. Assistnat Attorney General
Defendant Larry Polick 5626 South Birchwood Circle Las Vegas, NV 89120	JOAN A. MAGAGNA Chief TIMOTHY J. MORAN Deputy Chief DEBORAH A. GITIN (MA 645126) Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O.Box 65998 Washington, DC 20035-5998 Tel: (202) 305-2020 Fax: (202) 514-1116
DWIGHT ROBERTS For Defendant BSR Realty, Inc. 22320 Foothill Boulevard Suite 100 Haywood, CA 94541
DAVID W. SHAPIRO (NYSBN 2054054)	Defendant TIM A. SHARROCK 102 Vista Drive Danville, CA 94526
JOCELYN BURTON (CSBN 135879) Assistant United States Attorney 450 Golden Gate Avenue 10th Floor San Francisco, CA 94102 Tel: (415) 436-7198 Fax: (415) 436-6748	RONALD G. PECK Coucil for Defendnats Hilltowne Apartments; Larry Pollick; BSSR Realty, Inc.; and Tim A Sharrock Schenone & Peck 1260 B St., Suite 350 Haywood, CA 94541 Tel: (510) 581-6611 Fax: (510) 581-6174

ATTACHMENT A NON-DISCRIMINATION POLICY

It is the policy of BSR Realty, Inc., not to discriminate against anyone in any aspect of the rental of dwellings because of race, color, national origin, sex, handicap, familial status or religion. This policy means, among other things, that all agents or employees of BSR Realty, Inc., with the responsibility for showing, renting, or managing any dwelling unit(s) must:

treat all qualified applicants equally regardless of race, color, sex, national origin, religion, handicap or familial status; and
treat all tenants equally regardless of race, color, sex, national origin, religion, handicap or familial status.

Any employee or agent of BSR Realty, Inc., with the responsibility for showing, renting, or managing any dwelling unit(s) who does not comply with the policy set forth in this document may be subject to disciplinary action, termination of employment, and/or federal court sanctions.

DEFINITIONS

The term &"familial status&" means one or more individuals (who have not attained the age of 18 years) being domiciled with:

a parent or another person having legal custody of such individual or individuals; or
the designee of such parent or the person having such custody, with the written permission of such parent or another person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

ATTACHMENT B

On ____________________, 200__, I was instructed by my employer, BSR Realty, Inc., with respect to my responsibilities under the Order entered by the federal district court in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), the federal Fair Housing Act and applicable state and local laws. I also was instructed as to the non-discriminatory rental policies and procedures. I have received copies of and have read the Order and the Non-Discrimination Policy. I understand my legal responsibilities and will comply with those responsibilities. I understand that the Court may impose sanctions on me if I violate a provision of the Order and that my employer may also discipline me if I violate a provision of the Order. I have been informed by my employer that I will not be reprimanded by my employer for providing information to any law enforcement agency (including the U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, P.O. Box 65998, Washington, DC 20035-5998, telephone (202) 514-4713) or official regarding my employer's compliance with the Fair Housing Act and/or the Order.

_______________________
(Date)

_______________________
(Signature)

_______________________
(Print Name)

ATTACHMENT D RELEASE OF CLAIMS

BRIAN M. CRUMP, JEANETTE D. CRUMP, and their minor children BRIAN M. CRUMP JR. and BRANDIE R. CRUMP, for the sole consideration of TWELVE THOUSAND DOLLARS ($12,000.00), the payment of which shall be made in compliance with the terms of the Order entered on ____________, 2001, in the case of United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), do, for themselves, their heirs, executors, administrators and assigns, release and forever discharge Hilltowne Apartments, Larry Polick, BSR Realty, Inc., Tim A. Sharrock, their representatives, employees and agents, and all other persons, firms, insurers, corporations or entities from any and all claims (including but not limited to claims for attorneys' fees), demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.). That civil action alleged discrimination on the basis of race and familial status, and retaliation against the Crumps for their exercise of their rights under the Fair Housing Act.

By signing this Release of Claims, BRIAN M. CRUMP and JEANETTE D. CRUMP, for themselves and their minor children BRIAN M. CRUMP JR. and BRANDIE R. CRUMP, expressly settle, waive, and in every other way release all rights to any related claims which were or could have been brought in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), including any and all claims BRIAN M. CRUMP, JEANETTE D. CRUMP, or their minor children BRIAN M. CRUMP JR. and BRANDIE R. CRUMP could have brought had they intervened in that action.

It is understood and agreed that this settlement is the compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released; and the parties released do not admit and specifically deny any liability therefor.

It is further understood and agreed that this release constitutes the entire agreement between the parties; that the terms of this release are contractual and not a mere recital; and that the release is binding upon and adheres to the benefit of the parties jointly and severally, and the executors, administrators, personal representatives, heirs, and assigns of each.

The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to them.

Of the above-mentioned twelve thousand dollars ($12,000.00):

(a) three thousand dollars ($3,000.00) is payable to BRIAN M. CRUMP for his own benefit;

(b) three thousand dollars ($3,000.00) is payable to JEANETTE D. CRUMP for her own benefit;

(c) three thousand dollars ($3,000.00) is payable to minor child BRIAN M. CRUMP JR., and will be delivered to BRIAN M. CRUMP and JEANETTE D. CRUMP to be used for BRIAN M. CRUMP JR.'s support, care, and education; and

(d) three thousand dollars ($3,000.00) is payable to minor child BRANDIE R. CRUMP, and will be delivered to BRIAN M. CRUMP and JEANETTE D. CRUMP to be used for BRANDIE R. CRUMP's support, care, and education.

Dated: ______________, 2001

Signed: ________________________
BRIAN M. CRUMP

Signed: ________________________
BRIAN M. CRUMP, on behalf of minor child BRIAN M. CRUMP JR.

Signed: ________________________
BRIAN M. CRUMP, on behalf of minor child BRANDIE R. CRUMP

Dated: _______________, 2001

Signed: ________________________
JEANETTE D. CRUMP

Signed: ________________________
JEANETTE D. CRUMP, on behalf of minor child BRIAN M. CRUMP JR.

Signed: ________________________
JEANETTE D. CRUMP, on behalf of minor child BRANDIE R. CRUMP

Witnessed this ___ day of _______, 2001:

________________________
Notary Public

My Commission Expires: _______________

ATTACHMENT E RELEASE OF CLAIMS

GEAN TOMS and her minor child BRUCE HAYES JR., for the sole consideration of THREE THOUSAND SIX HUNDRED SIXTY-SEVEN DOLLARS ($3,667.00), the payment of which shall be made in compliance with the terms of the Order entered on ____________, 2001, in the case of United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), do, for themselves, their heirs, executors, administrators and assigns, release and forever discharge Hilltowne Apartments, Larry Polick, BSR Realty, Inc., Tim A. Sharrock, their representatives, employees and agents, and all other persons, firms, insurers, corporations or entities from any and all claims (including but not limited to claims for attorneys' fees), demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.). That civil action alleged discrimination on the basis of race and familial status.

By signing this Release of Claims, GEAN TOMS, for herself and her minor child BRUCE HAYES JR., expressly settles, waives, and in every other way releases all rights to any related claims which were or could have been brought in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), including any and all claims GEAN TOMS or her minor child BRUCE HAYES JR. could have brought had they intervened in that action.

The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to her.

Of the above-mentioned three thousand six hundred sixty-seven dollars ($3,667.00):

(a) one thousand eight hundred thirty-four dollars ($1,834.00) is payable to GEAN TOMS for her own benefit; and

(b) one thousand eight hundred thirty-three dollars ($1,833.00) is payable to minor child BRUCE HAYES JR., and will be delivered to GEAN TOMS to be used for BRUCE HAYES

JR.'s support, care, and education.

Dated: ______________, 2001

Signed: ________________________
GEAN TOMS

Signed: ________________________
GEAN TOMS, on behalf of minor child BRUCE HAYES JR.

Witnessed this ___ day of _______, 2001:

________________________
Notary Public

My Commission Expires: _______________

ATTACHMENT F

RELEASE OF CLAIMS

RAYVON A. TOMS, for the sole consideration of ONE THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS ($1,833.00), the payment of which shall be made in compliance with the terms of the Order entered on ____________, 2001, in the case of United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), does, for himself, his heirs, executors, administrators and assigns, release and forever discharge Hilltowne Apartments, Larry Polick, BSR Realty, Inc., Tim A. Sharrock, their representatives, employees and agents, and all other persons, firms, insurers, corporations or entities from any and all claims (including but not limited to claims for attorneys' fees), demands, damages, actions or causes of action on account of or in any way arising out of or relating to the allegations set forth in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.). That civil action alleged discrimination on the basis of race and familial status.

By signing this Release of Claims, RAYVON A. TOMS expressly settles, waives, and in every other way releases all rights to any related claims which were or could have been brought in United States v. Hilltowne Apartments et al., Civil Action No. C 01-00324 SI (N.D. Cal.), including any and all claims RAYVON A. TOMS could have brought had he intervened in that action.

The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to him.

Dated: ______________, 2001

Signed: ________________________
RAYVON A. TOMS

Witnessed this ___ day of _______, 2001:

________________________
Notary Public

My Commission Expires: _______________

1. All documents required by this Consent Order should be sent to: United States Department of Justice, Civil Rights Division, Chief, Housing and Civil Enforcement Section, DJ 175-11-313, P.O. Box 65998, Washington, DC 20035-5998.

2. Copies of HUD forms 903.1 and 928 are available free of charge by calling HUD's San Francisco office directly at (800) 347-3739. The contact person there is Ms. Sandra Redwood.

3. Defense counsel Ronald G. Peck formerly represented Defendant Joseph Perry, but now states that he is unable to locate Defendant Joseph Perry. The claims brought by the United States against Defendant Joseph Perry are being dismissed solely because that Defendant cannot be located.

Document Entered: September 27, 2001 > >

Updated May 24, 2023